Supplementary memorandum from the Office
of the Deputy Prime Minister and the Department for Culture, Media
and Sport (RL 20(a))
LICENSING ACT 2003—SUMMARY AND KEY
FACTS—PREPARED BY THE DEPARTMENT FOR CULTURE, MEDIA AND
SPORT
THE LICENSING
ACT 2003 TRANSITIONAL
PERIOD
— The transitional period began on
7 February 2005. From this date, licensing authorities began
processing applications for premises licences and club premises
certificates.
— Existing licence holders had until
6 August to exercise their right to apply to convert their existing
licences ("grandfather rights") to new premises licences
or certificates.
— The transitional period ends on 24
November 2005 (subject to Parliamentary approval). From this date,
new premises licences and club premises certificates take effect.
ANTICIPATED APPLICATIONS
DURING TRANSITION
— The Government anticipated 190,000
applications would be submitted during the transitional period
made up of:
180,000 existing licence holders
10,000 new licence holders
— For counting purposes, the Government
has used figure of 200,000 when determining application rates
over the transitional period.
APPLICATION RATES—AT
6 AUGUST
— Estimated total of conversion applications
submitted was 135,000 (75%). This indicated that around 45,000
suggested that some premises chose to apply for new licences rather
than convert existing restrictive licences.
— Estimated total of new applications
received very low. 1-3% maximum.
— The Government conducted a significant
and thorough communications effort to targeted existing licence
holders to apply.
APPLICATION RATES—AT
14 OCTOBER
— Total applications submitted now
at around 95% (c 190,000 applications)
— Evidence suggests that some existing
licence holders will choose not to apply for a new licence, and
adjust their business practice.
— Most authorities are gathering intelligence
on whether outstanding premises intend or need to secure a new
licence. We suspect that the number who want a licence, but haven't
yet applied is very low (maximum 2%).
— Authorities are using this intelligence
to proactively pursue outstanding applications on an individual
basis.
TRANSITIONAL PERIOD
TRENDS
— Around 40% (74,000) of applications
are to vary their existing licences. But not just opening hours—some
wanting to offer food later, public entertainment, or removal
of existing conditions that are no longer relevant.
— Very few 24-hour licences have been
applied for, or granted (of the few being granted, most are for
supermarkets and off licences). Licensing authorities report there
is genuine variation in licensing hours rather than a shift to
single later terminal hour.
— A small number of licence conversions
have been revoked by licensing authorities on the advice of the
police. However, this is not widespread, is limited to extreme
cases and subject to on-going appeals.
REPRESENTATIONS
— Around 50% of applications to vary
(37,000) are attracting representations from either "responsible
authorities" (police, environmental heath, health and safety)
or "interested parties" (local residents and businesses).
Breakdown of these representations
as follows:
— About 50% from residents
— About 25% from the police
— About 20% from environmental health
RESOLUTION METHODS
— Successful use of mediation to avoid
hearings in about two thirds of cases (24,400). (NB residents'
complaints slightly less easy to resolve this way)
— Local Authorities tell us that in
over 95% of cases, Licensing Committees are responding to residents'
concerns at hearings by adding conditions and/or adjusting hours
— So far few applications going to
appeal, though too early in process to have accurate picture on
this
DATA WE
DO NOT
HAVE
— Number of late licenses granted so
far. This is because it is too early in the process to get any
meaningful figures as applications are all at different stages.
— Number of applications to vary that
are being "accepted". This is because the system works
on the basis of negotiation and compromise.
— Number of "unlicensed"
premises. This is because some businesses will no longer want
or need a new licence.
PREMISE LICENCE
APPLICATIONS AS
AT 6 AUGUST—SECTOR
ANALYSIS
| Sector | Est No of
premises
| Uptake by
6 August |
Impact if no licence
|
| Overall position | 200,000 |
150,000 | Varies according to sector.
|
1. Pubs, night clubs and bars (chains)
| 40,000 | Over 39,500 (99%)
| Closure unless events held under Temporary Events Notices (TENs).
|
2. Pubs and bars (independent)
| 20,000 | Approx 15,000 (75%)
| Closure unless events held under TENs. |
3. Supermarkets
| 8,000
| Over 7,900 (99%) | No sale of alcohol, but still open.
|
| 4. Members clubs | 20,000
| Over 15,000 (75%) | Significant curtailing of activity (alcohol and entertainment). Some events possible under TENS.
|
5. Convenience stores/off licences
| 36,000 | Approx 22,000 (60%)
| No sale of alcohol, but still open. |
| 6. Licensed Restaurants | 23,000
| Approx 14,000 (60%) | Limit activities—no alcohol of sale with meals. Some events possible under TENS.
|
| 7. Late night takeaways | 20,000
| Cautious estimate
10,000 (50%) | Limit activities—closure at 11.00 pm
|
| 8. Hotels | 7,000 | At least 5,600 (80%)
| Limit activities—close bars. No hot food after 11.00 pm. Poss Some events under TENS.
|
| 9. Guest houses | Est 10,000
| Approx 5,000 (50%) | Limit activities—close bars. Poss Some events under TENS.
|
| 10. Cinemas | 600 | Over 590 (99%)
| Closure |
| 11. Theatres and the wider arts | Est 2,000
| Approx 1,000 (50%) | Closure for theatres. Limitation of activities for others.
|
12. Village and community halls
| Est 15,000
who will
apply. | Approx 11,000 (70%)
| Limit activities or operate operating under TENs.
|
| 13. Boats | 600 | No need to apply
by 6 August.
| Limit activities operating under TENs. |
| 14. Circuses | 40 | No need to apply
for 6 August.
| Limit activities—no acrobatics, music entertainment, possibly clowns.
|
| | |
|
|
